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Lawfare

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<p>Straight-shooting information and analysis at the intersection of national security, law, and policy.</p>

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    As AI transforms cyber offense and defense, it has never been more important for cyber regulations to avoid slowing down security teams and wasting their time and resources. Yet it has never been less important to ensure those regulations are harmonized, write Jason Healey and Benjamin Pearl. Read more: https://www.lawfaremedia.org/article/ai-can-(mostly)-solve-cyber-regulatory-harmonization-and-efficiency

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    Flock cameras and other license plate readers have sparked protests across the U.S. over near-constant surveillance. Defenders say they help solve crimes. But under recent Fourth Amendment doctrine, ALPRs might be unconstitutional after all, writes Matthew Tokson. Read more: https://www.lawfaremedia.org/article/courts-are-striking-down-warrantless-flock-camera-use

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    In light of explosive allegations about Nvidia CEO Jensen Huang, Kate Klonick and Mike Feinberg discuss the role of seduction in intelligence gathering and how the public should think about the growing scandal. https://www.lawfaremedia.org/article/lawfare-live--lawfare-live--seduction--intelligence-gathering--and-the-allegations-against-nvidia-ceo

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    The Trump administration is reviving the long-dormant Alien Terrorist Removal Court. But it isn’t the first court the U.S. has recalled to life to try an accused terrorist. Aaron Zelinsky on what a forgotten U.S. court in 1978 West Berlin can teach us. https://www.lawfaremedia.org/article/back-to-the-future--the-u.s.-court-for-berlin-s-lessons-for-the-atrc

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    Today’s Lawfare Daily is the Nov. 6 livestream where Benjamin Wittes, Molly Roberts, Roger Parloff, Anna Bower, and Eric Columbus discussed litigation over Trump administration policies, including the triumphal arch suit and Trump’s suit against the WSJ. https://www.youtube.com/watch?v=9AGtuOr2QUY

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    The White House set its midterm defeat in motion by purging intelligence experts and ignoring warnings that Iran would close the Strait of Hormuz. Julia Curlee breaks down what the new Congress should do now to prevent future sidelining. https://www.lawfaremedia.org/article/after-good-faith--intelligence-oversight-in-the-new-congress

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    In a world that is constantly changing, Lawfare is a reliable, independent, nonpartisan resource to keep you informed about the complex national security, legal, and policy considerations we face. This is made possible with the support for our readers and listeners: https://www.lawfaremedia.org/about/support

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    While talks have focused on uranium enrichment, negotiating a durable deal also requires closing off Iran’s other potential route to developing a nuclear weapon, writes Bailey Schiff. Read more on Lawfare: https://www.lawfaremedia.org/article/addressing-iran-s-plutonium-pathway

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    On this week’s Rational Security, Scott Anderson, Tyler McBrien, Eric Columbus, and Ariane Tabatabai discuss oversight of Trump, war powers and the Iran war, and what the midterms tell us about 2028. https://www.lawfaremedia.org/article/rational-security--the--riding-the-blue-wave-special-election--edition

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    ICYMI on Lawfare Live: Benjamin Wittes spoke with Molly Roberts, Roger Parloff, Eric Columbus, and Anna Bower broke down the latest litigation over Trump administration policies, from the triumphal arch suit to Trump’s defamation suit against the WSJ. https://www.youtube.com/live/9AGtuOr2QUY?si=wLq1l_uQMMbbBM_B

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    Restricting foreign open-weight AI models won’t keep foreign influence out of the American AI ecosystem, and it could weaken U.S. influence abroad. Read more from Jennifer Tridgell, Chinmayi Sharma, and John Speed Meyers on why “open China vs. closed America” misses where AI power actually lies. https://www.lawfaremedia.org/article/where-the-weight-lies--a-balancing-act-for-the-governance-of-open-weight-ai-models

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    At 4 p.m. ET, Benjamin Wittes will sit down with Molly Roberts, Roger Parloff, and Eric Columbus to discuss the latest litigation over Trump administration policies, including D.C. and VA&#39;s suit to block construction of the triumphal arch, the politicization of the Justice Department, Trump’s defamation suit against the WSJ and more. Watch live: https://www.youtube.com/live/9AGtuOr2QUY

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    Experts agree that drones are shifting the dynamics and calculus of warfare as they become more cost-effective and multiuse. As AI-enabled advances expand drones’ use and impact, allied nations will need to make their systems interoperable and share lessons learned, writes Seungmin (Helen) Lee. https://www.lawfaremedia.org/article/technological-sophistication-of-drones-and-required-interoperability

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    On the “Riding the Blue Wave Special Election” Edition of Rational Security, Scott Anderson, Tyler McBrien, Eric Columbus, and Ariane M. Tabatabai, Ph.D. sat down to talk through the week’s big international news stories. Listen on Lawfare: https://www.lawfaremedia.org/article/rational-security--the--riding-the-blue-wave-special-election--edition

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    “In 2022, Russia’s conduct changed abruptly. Hanna Notte’s ‘We Shall Outlast Them’ offers a valuable overview of what this new Russian foreign policy looks like on the ground and how it affects the lives of people across the globe,” writes Eric Green in his book review. Read more on Lawfare https://www.lawfaremedia.org/article/russian-revenge-and-putin-s-campaign-against-the-west

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    In this week’s Seriously Risky Business, Tom Uren unpacks how North Korea pulled off the largest theft in history, pillaging $6.3 billion from Binance, and why companies with mediocre security will stay bad at it with AI. Read the latest edition on Lawfare: https://www.lawfaremedia.org/article/the-ritual-bitcoin-sacrifices-will-continue-until-security-improves

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    Many U.S. government agencies buy data from data brokers. A new intelligence community report just widened the transparency gap between them, with major privacy and civil liberties consequences, writes Justin Sherman. https://www.lawfaremedia.org/article/where-is-federal-law-enforcement-s-data-buying-transparency

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    From Bernie Sanders’ sovereign wealth fund bill to Sam Altman’s offer of a 5% stake in OpenAI to the federal government’s 10% stake in Intel, public ownership of AI is gaining unlikely supporters, writes Felix Wu. https://www.lawfaremedia.org/article/scaling-sovereign-wealth--evaluating-mechanisms-for-the-u.s.-government-to-own-parts-of-ai-companies

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    Today&#39;s Lawfare Daily is special post-election edition of Lawfare livestream on Midterm 2026 Debrief. Benjamin Wittes, Molly Reynolds, Scott R. Anderson, Eric Columbus, Julia Curlee, Loren Voss, and Michael Feinberg looked at the new landscape through oversight, appropriations, war powers, and congressional investigations. https://www.youtube.com/live/uI613yXT_Rw?si=f8fxrKgprcoUj1KZ

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    On July 23, Washington and Beijing signed the same APEC statement backing open-source AI. That same week, both were weighing ways to restrict it. Why are the two countries most responsible for open-weight models also the most likely to clamp down on them? Read more on Lawfare: https://www.lawfaremedia.org/article/where-the-weight-lies--a-balancing-act-for-the-governance-of-open-weight-ai-models

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    The Lawfare team is LIVE to break down the midterm results. Join Benjamin Wittes, Molly Reynolds, Eric Columbus, Scott R. Anderson, Julia Curlee, Loren Voss and Michael Feinberg for a live debrief. https://www.youtube.com/live/uI613yXT_Rw

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    Minnesota’s strict-liability nudification law has no intent or consent requirement.Jeff Kosseff on how the Eighth Circuit’s review could define the First Amendment’s reach over AI:. https://www.lawfaremedia.org/article/musk-s-minnesota-deepfake-fight-could-define-ai-s-first-amendment

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    Minnesota’s strict-liability nudification law has no intent or consent requirement. Jeff Kosseff on how the Eighth Circuit’s review could define the First Amendment’s reach over AI:. https://www.lawfaremedia.org/article/musk-s-minnesota-deepfake-fight-could-define-ai-s-first-amendment

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    At 1:30 p.m. ET, For Lawfare Live: Midterm 2026 Debrief, the Lawfare team will sit down to discuss the elections results. Watch live: https://www.youtube.com/live/uI613yXT_Rw?si=qz2_0xS-Lyaqp6rh

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    On today’s Lawfare Daily, Katherine Dunn, author of “Little Blue Dot,” joins Justin Sherman to trace the birth and evolution of GPS, from WWII bombing runs to satellites to the front lines in Ukraine. https://www.lawfaremedia.org/article/lawfare-daily---little-blue-dot--and-gps-in-war-and-the-world-with-katherine-dunn

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    In 1875, Grant had the legal authority to send troops to Mississippi ahead of the election and declined. A history of how the U.S. came to keep soldiers from the polls, and why that norm is now being tested: https://www.lawfaremedia.org/article/american-troops-at-the-polls--a-history

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    There’s no master plan to meddle in the midterm election, but fears of interference aren’t new. Molly Roberts and Loren Voss explore what meddling would actually look like and what can be done about it: https://www.lawfaremedia.org/article/how-to-steal-an-election

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    The Supreme Court’s 2024 decision in Trump v. U.S. has been widely recognized as a “radical expansion” of presidential power. Often overlooked is the other side of the coin: the decision also diminished Congress’s power both to legislate with respect to the executive branch and to investigate it, writes David Manners-Weber. https://lawfaremedia.org/article/congressional-oversight-after-trump-v.-united-states

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    Today&#39;s Lawfare Daily is the October 30 livestream where Lawfare Editor in Chief Benjamin Wittes sat down with Senior Editors Molly Roberts, Roger Parloff, and Eric Columbus to discus developments in litigation against Trump administration’s policies, a judge ruling that Maureen Comey was unlawfully fired as an assistant U.S. attorney, updates in the Kennedy Center litigation, and more. https://www.youtube.com/watch?v=fVtxfd2xbUg

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    When elections work, individuals with different viewpoints come together to determine priorities. History also shows how elections can fail, and even set the stage for violence. As Americans go to the polls, what lessons should we remember? Daniel Byman weighs in. https://www.lawfaremedia.org/article/elections-as-a-source-of-violence